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Exam 5: Torts and Product Liability

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Question 1

True/False

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A person who wrongfully hurts another's good name or reputation orally may be liable for libel.

A) True
B) False

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Question 2

Multiple Choice

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In a phone call to Lou,Mia makes statements about Nye that injures Nye's reputation.If Nye can prove all of the elements of defamation and Mia cannot assert a sufficient defense,Mia is most likely liable for

A) contempt.
B) malice.
C) libel.
D) slander.

E) None of the above
F) B) and C)

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Question 3

Multiple Choice

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Without Data Corporation's consent,Elias hacks into the firm's computers and downloads trade secrets and other confidential information.Most likely,Elias is liable for the tort of

Defamatory statements made via the Internet are not actionable because they are protected by the First Amendment's guarantee of freedom of speech.

The standard of reasonable care for a professional is the same as that of an ordinary person.

Data Analytics,Inc. ,and eProducts Corporation market competing software products.Data Analytics launches an ad campaign claiming that eProducts,instead of testing software before it is marketed,has customers "test" the software by using it.eProducts knows this is not true but begins to lose sales to Data Analytics.On what ground could eProducts sue Data Analytics for injury to eProducts' reputation?

Any time that one party's allegedly wrongful conduct causes injury to another,an action may arise under the law of torts.

DIY,a retail hardware store,must use reasonable care on its premises to warn its invitees of

Strict liability is imposed only for an act that departs from a reasonable standard of care to cause an injury.

Ichiro is injured in a two-car accident and sues Heather,the driver of the other vehicle,alleging negligence.Heather claims that Ichiro was driving more carelessly than she was.Comparative negligence may reduce Ichiro's recovery

Insulate Inc.makes and sells fire-retardant building materials.In a product liability suit against Insulate,a court would use a risk-utility analysis of the company's product as designed to determine whether

Lyn is injured when a part of a building ledge breaks free and strikes her.If Lyn brings a successful tort action against the building's owner,she may be awarded special damages to compensate her for

Those who do not make goods,but only sell or lease them,cannot be held liable for harm caused by those goods to a consumer.

In deciding whether conduct is sufficiently outrageous to support an action for infringement of emotional distress,a court looks at the pattern of the conduct.

Trespass to land is committed if,without the permission of the property owner,a person

When an award of punitive damages is grossly excessive,it furthers no legitimate purpose and violates due process requirements.

A wrongful action that interferes with a person's legal right to personal property can support a tort action in trespass.

Liability for injuries based on proportionate negligence is allowed by most states.

If an owner consents to the taking of his or her property,a failure to return it cannot be a tort.

Marco is harmed when Nell defames him.If Marco brings a successful tort action against Nell,he may be awarded general damages to compensate him for